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EVERGREEN PARK N. & C. HOME, INC. v. AMERICAN EQ. ASSUR. CO.

No. 17402.

417 F.2d 1113 (1969)

EVERGREEN PARK NURSING AND CONVALESCENT HOME, INC., Plaintiff-Appellant, v. AMERICAN EQUITABLE ASSURANCE CO., Commercial Union Insurance Co., Millers National Insurance Co., and The Home Insurance, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

November 21, 1969.

Attorney(s) appearing for the Case

Philip M. Cagen, Valparaiso, Ind., Lowell E. Enslen, Hammond, Ind., for plaintiff-appellant.

Norman A. Miller, John W. Morrison, James T. Ferrini, Clausen, Hirsh, Miller & Gorman, Chicago, Ill., Fred H. Link, South Bend, Ind., for defendants-appellees.

Before KILEY and FAIRCHILD, Circuit Judges, and MORGAN, District Judge.

FAIRCHILD, Circuit Judge.

Plaintiff Evergreen brought this diversity action in a federal district court in Indiana, seeking recovery on fire insurance policies issued by four insurance companies. Evergreen has claims arising out of the same fire, and seemingly identical in all significant respects, against two other insurance companies. Because the latter are deemed citizens of Indiana, as is Evergreen, they could not be joined as defendants in the diversity action...

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